Old Const. Petition No.D-594 of 2011
New Const. Petition No.D-2170 of 2011 (Karachi)
Date Order with signature of the Judge
1. For order on Misc. No.18634/2011.
2. For order on Misc. No.18526/2011. (U/O 1 R 10 CPC)
3. For order on MIT Report dt: 14.11.2011.
4. For order on MIT Report dt: 14.11.2011.
5. For Katcha Peshi.
(Order issued) (Report filed by Suptd. Central
Prison Hyderabad as Flagged “A”)
(Report filed by Suptd. Central Prison Hyd.
as flagged “B”)
------------------------------------------------------
Mr. Shafi Muhammad Memon, Addl. Advocate General Sindh along with Gulzar Ahmed Channa DIG Prisons Headquarters on behalf of IG Prison, Abdul Majeed Siddiqui DIG Prisons Sukkur Region, Muhammad Anwar Malik Section Officer Prisons-I Home Department, Mansoor Ahmed Siddiqui Addl. Superintendent Central Prison Hyderabad, Muhammad Hassan Sahito Superintendent District Prison Nara, Shahabuddin Sddiqui Assist. Superintendent Central Prison-I Larkana, Muhammad Masood Memon Superintending Engineer (PBC) Sukkur, Mushtaque Soomro Executive Engineer Building Larkana, Akhtar Hussain Dawach Executive Engineer Provincial Building Division Hyderabad, Dr. Saeed Ahmed Qureshy Focal Person for Secretary Health, Nisar Ahmed Laghari XEN Rice Canal Division, Ghous Bux Jatoi Mukhtiarkar Larkana, Dr. Muhammad Hashim Shaikh Deputy Secretary & Adnan Assistant Planning & Development (PP&H) Department and Khursheed Anwar XEN Police Works Karachi Division.
Mr. Ghulam Dastagir A. Shahani, Advocate for Applicant.
-------------
Statement has been filed by Loung Khan Jakhrani, Manager (L&L) HESCO Hyderabad, asserting therein that the electricity connection as was undertaken has been provided. This position is acknowledged by the Superintendent District Prison Nara. Statement is taken on record and the appearance of HESCO official is exempted.
Representative of Secretary Health, Dr. Saeed Ahmed Qureshy, submits that Dr. Nizamuddin and Dr. Muhammad Yousuf have been detailed to work in Central Prison Hyderabad, whereas Addl. Superintendent Central Prison Hyderabad submits that only Dr. Nizamuddin has joined. Representative of Secretary Health says that Dr. Muhammad Yousuf has been relieved today from the office of EDO Health, Badin and he would join within 24 hours. He further says that if he does not report in Central Prison Hyderabad necessary action would be taken against him.
Abdul Majeed Siddiqui, DIG Sukkur Prisons, states that the land of Irrigation Department which is adjacent to jail wall has been encroached by Magsi and they are raising construction despite order of this Court. Mr. Ghulam Dastagir Shahani has effected appearance on behalf of Iqbal Ahmed Magsi and submits that First Class Suit No.144/2011 has been filed by Magsi before the Court of IIIrd Senior Civil Judge, Larkana against Irrigation Department as well as jail authorities, as his client claims to be the owner of that disputed property. Irrigation Department as well as jail authorities state that they will effect appearance in that suit and will contest the same in accordance with law. Application listed at serial No.2 is, therefore, disposed of and the status of suit land would be decided by the Civil Court. However, District Judge shall ensure that the said suit is decided within three-months. Mr. Shahani & representative of Irrigation Department agree that status quo order granted by this Court on 16.9.2011 shall remain in field and thereafter shall stand vacated and the order of the trial Court passed in this respect shall prevail.
On 16.11.2011 in presence of Ms. Lubna Yaqoob, Law Officer, SITE an order was passed whereby Chief Engineer SITE was directed to file compliance report for the work undertaken by him in consequent to the order dated 16.9.2011, but today neither Law Officer nor Chief Engineer SITE is present. Let show cause notice be issued to the Chief Engineer, SITE, as to why the proceedings for disobedience of this Court’s order may not be initiated. To come up on 25th January 2012 at 11am.
As to the release of Rs.400 Million as first tranche in repairs of jails, the representative of Planning & Development Department Dr. Muhammad Hashim Shaikh Deputy Secretary submit that the scheme was approved by the Technical Committee and now the approval of the Chief Minister has to be obtained, which is awaited. It appears that six months have lapsed and it will be very difficult to carry out necessary repairs in the remaining period and the amount even if allocated and disbursed in this year would lapse. Addl. Chief Secretary Home would pursue the matter with the Chief Minister’s secretariat and to ensure that the amount undertaken by the Government is released and all necessary procedures are expedited in case status quo prevails then Addl. Chief Secretary Home would appear himself to explain the real cause of delay from the Chief Minister’s Secretariat. Only for this purpose matter would be taken up for hearing on 21.12.2011 at 11am.
JUDGE
JUDGE